"The same cable network that currently provides television service to consumers is being modified to provide broadband access. Because cable networks are shared by users, access speeds can decrease during peak usage hours, when bandwidth is being shared by many customers at the same time. Network sharing has also led to security concerns and fears that hackers might be able to eavesdrop on a neighbor’s Internet connection. The cable industry is developing “next generation” technology which will significantly extend downloading and uploading speeds". - Broadband Internet Regulation and Access: Background and Issues, CRS p. 5 Jan. 26, 2006 OpenCRS; Broadband Internet Regulation and Access: Backbround Issues, CRS Report for Congress, Nov. 21, 2008 (copy acquired through wikileaks)

Recommendation 4.12 The FCC should initiate a proceeding
to ensure that all multichannel video programming
distributors (MV PDs) install a gateway device or equivalent
functionality in all new subscriber homes and in all
homes requiring replacement set-top boxes, starting on or
before Dec. 31, 2012.

Recommendation 4.13: On an expedited basis, the FCC
should adopt rules for cable operators to fix certain Cable-
CARD issues while development of the gateway device
functionality progresses. Adoption of these rules should be
completed in the fall of 2010.

Regulatory Proceedings

Internet Ventures Petition

Internet Ventures Petition for access to leased access channels in order to "broadcast" Internet content INTERNET VENTURES, INC./INTERNET ON-RAMP, INC. The Commission has denied a Petition for Declaratory Ruling filed by Internet Ventures, Inc., and its subsidiary, Internet On-Ramp, Inc. ruling that Internet service providers are not entitled to commercial leased access under Section 612 of the Communications Act. Action by the Commission. Adopted: February 7, 2000. by MO&O. (FCC No. 00-37). CSB

Gulf Power v. FCC

In construing the pole attachment provision of the Communications Act, 47 USC § 224, the 11th Circuit concluded that Internet access provided through a cable system contains neither a cable service nor a telecom service.

In April 2000 the 11th Cir. Court of Appeals vacated the FCC's Pole Attachment Order. The item at issue in this order is whether the FCC has jurisdiction over facilities (wires) attached to telephone poles. The Court recognized that the FCC had jurisdiction over telecommunications and cable facilities, but that the Communications Act gave the FCC no clear authority attached to poles which is used for Internet access. This again raises the issue of whether cable that is used for Internet access is considered cable, telecom, or something other (this is at issue in the open access controversy). It also raises the question of what about the facility defines its regulatory status - is it the transport layer, the TCP/IP layer, or the communications as a whole. Is cable considered cable regardless of use, or does the fact that TCP/IP is transmitted on top transform cable into something other - and how can that be rationally explained? Previously different facilities fit neatly within different boxes - cable, telecom, wireless, satellite, broadcast. But as these facilities become fungible - as different facilities supply similar or the same services - the old boxes and the different regulations that applied become more difficult to work with. This proceeding, therefore, questions the continued viability of the enhanced versus basis service provider distinction and where Internet communications fits within communications regulatory schemes.

DOCSIS

"Cable Labs DOCSIS (Data Over Cable Service Interface Specification) provides the basis for the development of standardized equipment that enables the offering of new or improved services over the cable network. DOCSIS 1.0 defined standardized ways of communicating high-speed Internet traffic over the channels of the cable network. DOCSIS 1.1 offered the ability to define various tiers of service or levels of quality that could be offered to different kinds of customers. DOCSIS 2.0 specification should enable increased &ldquo;upstream&rdquo; throughput, making possible symmetric data services." - Vermont Telecommunications Plan, Sept 2004 P. 1-19

Cablelabs Data over Cable Service Website. "The Cablemodem Web site provides an introduction to the MCNS Data Over Cable Service Interface Specification (DOCSIS) project. This project is an effort to create a specification for interoperable cable modems."

Cablelabs Packet Cable Website. "PacketCable[tm] is a project conducted by Cable Television Laboratories, Inc. (CableLabs®) and its member companies aimed at identifying, qualifying, and supporting Internet-based voice and video products over cable systems."